Carpenters District Council of Jacksonville & Vicinity v. Waybright
Carpenters District Council of Jacksonville & Vicinity v. Waybright
Opinion of the Court
This case is before us pursuant to a mandate of the Supreme Court of the United States,
The suit originally sought to enjoin petitioner union’s alleged breach of a no-strike clause contained in a collective-bargaining agreement, which breach arguably is also an unfair labor practice under the Labor Management Relations Act.
“It is unquestionable that state courts do have jurisdiction to enforce a collective-bargaining agreement and to enjoin a strike in violation of a ‘no-strike’ clause contained therein, but not when the strike is also arguably an unfair la1 bor practice prohibited by federal law.” at 302.
“ . . . When, however, the activity in question also constitutes a breach of a collective-bargaining agreement, the Board’s authority ‘is not exclusive and does not destroy the jurisdiction of the courts in suits under § 301.’ Smith v. Evening News Ass’n, supra, 371 U.S. [195], at 197, 83 S.Ct. [267], at 269 [9 L.Ed.2d 246]. This exception was explicitly reaffirmed in Motor Coach Employees v. Lockridge, 403 U.S. 274, 297-298, 91 S.Ct. 1909, 1923-1924, 29 L.Ed.2d 473 (1971).”
As a result of that opinion, the issue of whether the Circuit Court had jurisdiction to enter the temporary restraining order prohibiting a strike by the Carpenters Union has been resolved.
For this reason the cause is remanded to the District Court of Appeal for further proceedings consistent herewith.
It is so ordered.
. Styled: William E. Arnold Co. v. Carpenters District Council of Jacksonville and vicinity et al., 417 U.S. 12, 94 S.Ct. 2069, 40 L.Ed.2d 620.
. 279 So.2d 300 (1973).
. 29 U.S.C. § 185.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.